In order for a person to be convicted of driving under the influence, they must be in actual physical control of a vehicle. In some situations, the police lack sufficient evidence to prove this element of the case. When this occurs, charges may be dismissed.
Physical Control Definition
According to law, physical control is defined as having the apparent ability to operate a motor vehicle. The types of behaviors that fall within this definition can be broad, and police will look for certain facts to demonstrate this element of a DUI case.
What Is Actual Physical Control?
Some things the police consider when determining physical control may include:
Whether keys are in the ignition;
Whether there is evidence that the vehicle has been moved; and
Whether the vehicle is currently running.
What Should You Do if Charged with Driving Under the Influence?
A DUI charge is serious, and a conviction could result in significant consequences. Persons charged with DUIs should be aware of their rights. If you or a loved one are arrested and don’t know your rights, a knowledgeable criminal defense attorney can find appropriate legal defenses to challenge a charge.
How Can a Criminal Defense Attorney Help?
An attorney can review the evidence levied against you to determine whether there are any defenses available. Because the prosecution must prove the legal elements of the case beyond a reasonable doubt, if any aspect is questionable, then action should be taken.
Additionally, there must be sufficient evidence to show impairment. When police conduct tests to determine impairment, the tests must be conducted in compliance with specific legal procedures. Sometimes, the police fail to follow the correct procedures, which can result in shoddy evidence that shouldn’t be considered.
If you are facing DUI charges, then contact us as soon as possible to learn more about your rights and the defenses that may be available for your case. Our experienced DUI lawyers can provide legal advice and representation that helps you fight for your freedom.
Call (386) 693-1637 now for a free consultation for your case.